Dr. M Blatstein's Blog

Reduction in Recidivism

Requires the Attorney General to develop a risk and needs assessment system

• The BOP assesses the recidivism risk and criminogenic needs of all federal prisoners
• Place them in recidivism-reducing programs
• Including productive activities to address their needs and reduce this risk.
•  Under the act, the system provides guidance on the:
  • type,
  • amount, and
  • the intensity of recidivism reduction programming and
  • productive activities to which each prisoner is assigned, including
  • information on which programs prisoners should participate in based on their criminogenic needs.
  • on how to group, to the extent practicable,
    • prisoners with similar risk levels together in recidivism reduction programming and
    • housing assignments.
• The Act also amends 18 U.S.C. § 4042(a), requiring the BOP to assist inmates in:
  • applying for federal and state benefits and
  • obtain identification, including a
    • social security card,
    • driver’s license or
    • other official photo identification, and
    • birth certificate.
• The First Step Act also expands the Second Chance Act to deliver recidivism reduction programming.

Incentives for Success

• The Act amended 18 U.S.C. § 3624(b), so that federal inmate can earn:
  • up to 54 days of good time credit for every year of their imposed sentence
  • rather than, for every year of their sentence served.
  • For example, if you’re sentenced to 10 years, and your maximum good time credit = 540 days.
  • These good-time credits go towards pre-release custody.
  • Ineligible for good-time credit are generally categorized as:
    • violent, or involve
    • terrorism,
    • espionage,
    • human trafficking,
    • sex and sexual exploitation; additionally
    • excluded offenses are a repeat felon in possession of a firearm, or
    • high-level drug offenses
    • For a complete list, see disqualifying offenses

Confinement

• 18 U.S.C. § 3621(b) requires the BOP to house inmates in facilities within 500 driving miles of their primary residence.
• The BOP variety of factors goes into placement, including:
  • bed space availability,
  • security designation,
  • programmatic needs,
  • mental and medical health needs,
  • any request made by the inmate related to faith-based needs,
  • recommendations of the sentencing court, and
  • other security concerns.
• The FSA reauthorizes and modifies a pilot program that allows the BOP to place certain elderly and terminally ill prisoners in home confinement to serve the remainder of their sentences.

Correctional Reforms

• Criminal justice-related provisions, including;
  • prohibition on the use of restraints on pregnant inmates in the custody of BOP and the U.S. Marshals Service.
  • requirement for the BOP to provide tampons and sanitary napkins for free
  • The FSA requires BOP to give training to correctional officers and other BOP employees:
    • on how to interact and de-escalate encounters with people who are diagnosed with mental illness or other cognitive deficits.
    • Also included is a prohibition against the use of solitary confinement for juvenile delinquents in federal custody.

Sentencing Reforms

• Changes to Mandatory Minimums for Certain Drug Offenders for some drug traffickers with prior drug convictions
  • the threshold for prior convictions that count toward triggering higher mandatory minimums for repeat offenders,
    • is reduced from the 20-year to a 15-year mandatory minimum,
  • The life-in-prison mandatory minimum (where there are two or more prior qualifying convictions),
    • to a 25-year mandatory minimum.
• Retroactivity of the Fair Sentencing Act (FSA)
  •  Those who received longer sentences for crack cocaine than if sentenced for possession of powder cocaine can submit a petition in federal court to have their sentences reduced.
• Expanding the Safety Valve
  • allows courts to sentence low-level, nonviolent drug offenders with minor criminal histories to less than the required mandatory minimum for an offense.
    • Guide published by the U.S. Sentencing Commission’s Office of Education and Sentencing Practice.

FEMALE PATTERN RISK SCORING

MALE PATTERN RISK SCORING

Violent Offense Codes for PATTERN Risk Assessment *

Cut points used when calculating an inmate’s Risk of Recidivism